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Bombay High Court

UTKARSH CO-OPERTAIVE HOUSING SOCIETY LTD AND ANRversusCOSMOS PRIME PROJECTS LTD AND ORS

Decided
Disposal
Disposed Off

Holding

The court restrained the petitioner and associated parties from creating any third‑party rights in the specified property pending the final disposal of the writ petition.

Summary

Respondents Nos. 3 and 4 filed an interim application seeking a restraining order to prevent the petitioner from creating any third‑party rights over Sub‑Plot No. 1 (2,038.21 sq m) of Plot 1035, Mahim Division, pending settlement talks. The petitioner contended it has no intention to create such rights and is willing to comply with any direction. The court considered the respondents' anxiety and the petitioner's assurances. It granted the relief sought in prayer clause (a), restraining the petitioner and related parties from selling, transferring, leasing, mortgaging, developing or otherwise creating any third‑party interest in the property until the final disposal of Writ Petition No. 10890 of 2018. The court also ordered the petition to be listed for settlement on 29 September 2026.

Issues considered

  • Whether the petitioner should be restrained from creating any third‑party rights over the disputed property pending the final disposal of the writ petition.

Subjects

  • interim injunction
  • third party rights
  • property dispute
  • restraining order
  • settlement
  • co‑operative housing society
  • real estate

Judgment

                                Renuka                                             18-IA-6996-2026.docx


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION
                                               INTERIM APPLICATION NO. 6996 OF 2026
                                                                     IN
                                                  WRIT PETITION NO. 10890 OF 2018
                                Utkarsh Co-Operative Housing Society               ...Petitioners
                                Ltd And Anr.
                                                  V/s.

                                Cosmos Prime Projects Ltd And Ors.                 ...Respondents
                                                           ________________
                                Mr. Rakesh Kumar Singh with Ms. Pooja M. Zagde for Applicant in
                                Interim Application and Respondent No. 3 and 4 in WP.

             Digitally signed
                                Mr. Karansingh Shekhawat for Petitioner in WP.
             by RENUKA
RENUKA       SHANKARSINHA
SHANKARSINHA THAKUR
THAKUR
             Date: 2026.09.08
             10:43:08 +0530     Ms. Savina R. Crasto, AGP for Respondent-State.
                                                             ________________
                                                                       CORAM: SANDEEP V. MARNE, J.
                                                                        DATED: 7 SEPTEMBER 2026.


                                P.C.:


                                1)          The Interim Application is filed by Respondent Nos. 3 and 4
                                seeking restraint order against the Petitioner from creation of any third
                                party rights in respect of the petition property. It appears that
                                Respondent No. 3-society has already passed a resolution for purchase of
                                the entire larger portion of the land from the Petitioner. It is an anxiety
                                of Respondent No. 3 that Petitioner is likely to create third party rights
                                in respect of the property during pendency of settlement talks.



                                                                  Page No.1 of 2
                                                               7 SEPTEMBER 2026
Renuka                                                  18-IA-6996-2026.docx


2)          The learned counsel appearing for the Petitioner makes a
statement that Petitioner is not intending to create any third party rights
in respect of the Petitioner-society. This quells the apprehension
expressed on the part of the Respondent No. 3. He submits that
Petitioner has no objection if directions are passed in terms of prayer
clause (a) of the Interim Application.


3)          The Interim Application is disposed of by granting relief in
terms of prayer clause (a) of the Interim Application which reads thus:-
               (a) that pending the hearing and final disposal of Writ Petition No.
               10890 of 2018, the Petitioner. Respondent No. 7 M/S. Vastukar
               Builders, Aurum Parks Private Limited and all persons claiming
               through or under them, by themselves, their servants, agents and
               assigns, be restrained by an order and injunction of this Hon'ble
               Court from selling, transferring, conveying, assigning, leasing,
               licensing, mortgaging, charging, encumbering, developing, parting
               with possession of, or otherwise creating any third-party right, title
               or interest of whatsoever nature in respect of Sub-Plot No. 1
               admeasuring 2,038.21 sq. mtrs forming part of Final Plot No. 1035 of
               T.P.S. IV, Mahim Division, together with the building known as
               "Utkarsh" standing thereon;

4)          List the Petition under caption 'for settlement' on 29
September 2026 as directed above.


                                                     [SANDEEP V. MARNE, J.]




                                    Page No.2 of 2
                                 7 SEPTEMBER 2026


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